Also known as: legal remedy · remedies at law
Written by attorneys · grounded in primary & secondary sources — see below
A category of judicial relief consisting primarily of money damages awarded to compensate a prevailing party for loss. Legal remedies stand in contrast to equitable remedies such as injunctions or specific performance, which a court may refuse when damages provide an adequate substitute.
Lucia Lopez paid a nonlawyer to prepare her divorce petition and explain available options for dividing assets. When the court later reviewed the documents, it found the nonlawyer had advised on legal remedies and procedures. The court held that such advice constituted unauthorized practice of law even though the nonlawyer never claimed to be an attorney.
Lars Lindstrom, a shareholder in Lakeshore Industries, sued derivatively after directors diverted funds. The corporation sought to bar the suit on the ground that equitable procedures controlled. The court allowed the legal remedy of damages to proceed because the Federal Rules merged law and equity in a single action.
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Luke Latham, a former state employee, sued Maine in state court for unpaid overtime. The state asserted sovereign immunity. The court dismissed the claim, holding that Congress could not authorize private suits for legal remedies against a nonconsenting state in its own courts.
Lila Lin, a Tennessee voter, challenged the state's legislative districts as malapportioned. The state argued that only equitable relief was available and that legal remedies were inadequate. The Supreme Court held that federal courts could entertain the claim for legal remedies under the Fourteenth Amendment.
Liberty Trust, owner of seized steel mills, sought compensation after the President ordered federal possession. The company argued that only equitable relief could restore possession. The Court held that the seizure exceeded executive power and that legal remedies for damages remained available in the Court of Claims.
Lorenzo Lugo, a union member, sued his employer for breach of a collective bargaining agreement. The employer claimed only equitable remedies applied. The Court held that federal law authorized enforcement through ordinary legal remedies for damages in federal court.
The principal legal remedy is an award of money damages intended to compensate the injured party for loss. Courts award damages when they adequately redress the harm and decline equitable relief in such cases.
A court refuses specific performance when money damages provide an adequate remedy. Traditional doctrine limits equitable relief to situations in which damages cannot fully compensate the plaintiff.
Sovereign immunity generally bars private suits seeking legal remedies against a nonconsenting state in its own courts. Congress lacks power to abrogate that immunity for damages claims.
A nonlawyer who advises clients about legal remedies and prepares documents engages in the unauthorized practice of law. Only licensed attorneys may give such advice or instruct clients on procedures.
…by the principles and usages of law.' It is a general principle that a mandamus lies if there be no other adequate, specific, legal remedy. The writ is of extensive remedial nature and issues where the party has a right to have anything done and no other specific means of compelling its performance. Many English cases…